Criminal Code

Marginal note:Management order

• 490.81 (1) With respect to offence-related property other than a controlled substance within the meaning of the Controlled Drugs and Substances Act, on application of the Attorney General or of any other person with the written consent of the Attorney General, a judge or justice in the case of offence-related property seized under section 487, or a judge in the case of offence-related property restrained under section 490.8, may, where he or she is of the opinion that the circumstances so require,

  • (a) appoint a person to take control of and to manage or otherwise deal with all or part of the property in accordance with the directions of the judge or justice; and

  • (b) require any person having possession of that property to give possession of the property to the person appointed under paragraph (a).

• Marginal note:Appointment of Minister of Public Works and Government Services

  (2) When the Attorney General of Canada so requests, a judge or justice appointing a person under subsection (1) shall appoint the Minister of Public Works and Government Services.

• Marginal note:Power to manage

  (3) The power to manage or otherwise deal with property under subsection (1) includes

  • (a) in the case of perishable or rapidly depreciating property, the power to make an interlocutory sale of that property; and

  • (b) in the case of property that has little or no value, the power to destroy that property.

• Marginal note:Application for destruction order

  (4) Before a person appointed to manage property destroys property that has little or no value, he or she shall apply to a court for a destruction order.

• Marginal note:Notice

  (5) Before making a destruction order in relation to any property, a court shall require notice in accordance with subsection (6) to be given to, and may hear, any person who, in the opinion of the court, appears to have a valid interest in the property.

• Marginal note:Manner of giving notice

  (6) A notice shall

  • (a) be given or served in the manner that the court directs or that may be specified in the rules of the court; and

  • (b) be of any duration that the court considers reasonable or that may be specified in the rules of the court.

• Marginal note:Order

  (7) A court may order that the property be destroyed if it is satisfied that the property has little or no value, whether financial or other.

• Marginal note:When management order ceases to have effect

  (8) A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law to an applicant or forfeited to Her Majesty.

• Marginal note:Application to vary conditions

  (9) The Attorney General may at any time apply to the judge or justice to cancel or vary any condition to which a management order is subject, but may not apply to vary an appointment made under subsection (2).